WARREN T. BETHEL, APPELLANT,
v.
THE CITY OF KEY WEST, A MUNICIPAL CORPORATION ORGANIZED UNDER THE LAWS OF THE STATE OF FLORIDA, APPELLEE
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This case concerns a former police lieutenant's attempt to be reinstated to his position two years after his discharge. The court affirmed the dismissal of his petition for a writ of mandamus, finding the Civil Service Board lacked jurisdiction to reinstate him without proper notice to the City Commission.
No, the Civil Service Board did not have jurisdiction to reinstate the appellant based solely on his letter request without notice to the City Commission. The City Charter requires specific procedures for such actions.
[1] A Civil Service Board lacks jurisdiction to reinstate a discharged employee upon a simple request without notice to the relevant city commission.
[2] A petition for a writ of mandamus may be dismissed with prejudice if the allegations, when tested against the governing charter, affirmatively establish a lack of jurisdi…
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Join FLexlaw to unlock all legal intelligence“The trial judge properly found that the allegations of the petition tested against the Charter of the City of Key West affirmatively established that the Civil Service Board had no jurisdiction to reinstate appellant upon a simple letter from his attorney without notice to the City Commission of Key West.”
This quote establishes the trial court's reasoning for dismissing the petition, highlighting the lack of jurisdiction due to procedural defects.
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Join FLexlaw to unlock all legal intelligenceAppellant, a former police lieutenant, was discharged after an evidentiary hearing. Over two years later, he requested reinstatement via a letter to t…
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The appellant is a former police lieutenant under the civil service system of the City of Key West. He appeals an order dismissing with prejudice his petition for alternative writ of mandamus. Petitioner was discharged after a full evidentiary hearing before the Civil Service Board. More than two years later he wrote a letter to the Civil Service Board requesting reinstatement. The Board concurred in his request; the City Commission did not.
The trial judge properly found that the allegations of the petition tested against the Charter of the City of Key West affirmatively established that the Civil Service Board had no jurisdiction to reinstate appellant upon a simple letter from his attorney without notice to the City Commission of Key West.1
The order dismissing appellant’s petition for alternative writ of mandamus with prejudice is affirmed.